N.H. Admin. Code § Env-Or 406.08

Current through Register No. 45, November 7, 2024

Section Env-Or 406.08 - Test Failures

(a) A UST leak or test failure shall be indicated by a system leak rate of 0.10 gallon per hour or greater or an inconclusive test result.

(b) The individual conducting the test shall notify the department and the UST facility owner and operator immediately of a test failure.

(c) The owner of a UST system shall report any failure to the department within 24 hours of receiving notice of the failure.

(d) Upon being notified of a tank or piping tightness test failure, the UST system owner shall:

(1) Investigate the cause of the failure and determine whether the system is leaking within 7 days of the initial test failure; or

(2) Temporarily close the system within 7 days of the initial failure and permanently close the system in accordance with Env-Or 408.06 through Env-Or 408.10 within 30 days of the original test failure.

(e) The investigation into the cause of the initial test failure shall include a second tightness test.

(f) The owner shall submit a written report to the department within 30 days of the initial test failure that describes the work performed, the repairs made, and any other actions taken in response to the test failure.

(g) Any system that has been repaired shall be retested for tightness to confirm the effectiveness of the repairs.

(h) Any double wall UST system in which the outer wall fails a second tightness test shall be:

(1) Completely emptied of regulated substance within 24 hours of the second failure; and

(2) Repaired in accordance with Env-Or 408.01 through Env-Or 408.03, as applicable, or permanently closed in accordance with Env-Or 408.06 through Env-Or 408.10, within 30 days of the second test.

(i) Upon being notified of a containment sump or spill containment tightness test failure, the UST system owner shall:

(1) Investigate the cause of the failure and determine if the system has leaked within 30 days of the initial test failure; and

(2) Either:

a. Repair or replace the containment sump or spill containment in accordance with Env-Or 408.03; or

b. Temporarily close the UST system within 30 days of the initial failure.

N.H. Admin. Code § Env-Or 406.08

(See Revision Note at chapter heading for Env-Or 400) #10393, eff 9-1-13

Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12643, Effective 10/10/2018, Expires 10/10/2028.